Loading...
25C-157 (8) „ � _ , : .: t.='; Cecil 1. Clark, fpls'1'r)IaTj Op 10,02 Mr. Harold Duffy, Jr. 200 Bridge Street Northampton, Ma. 01060 Dear Mr. Niffyg Fe: Automotive Repair & Casoline Service 200 Bridge Street Northampton, Ma. Page 25C - Plot 157 - Zones V.R.B. Please find enclosed# a copy of a letter to the City Solicitor, asking for conformation of my opinion as to your business at the above address. I air now in receipt of such conformation, and will thus expect you to conform to this opinion. Please notify this officEa when you have received the necessary gasoline permits. Very truly yours, Cecil I. Clark BUILDING INSPECTOP CTC11r) eve, t :`� ., -�.,_- ,`.�`� ``,� e�� P 8 71 3 $ (rx#� of Xort4amptou DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 ecil I. Clark February 1, 1982 Harry Jekanowski Assistant Solicitor City of Northampton Northampton, Ma. 01060 Dear Harry: Automotive Repair & Gasoline Service 200 Bridge Street Northampton, Ma. Page 25C - Plot 157 Zoned U.R.B. With reference to the above property, I submit the following opinions for your approval: It would appear that this structure is a nonconforming gasoline and repair garage, protected by Mass. General Laws, 40A, Section 6. On September 2, 1976, gas storage was increased by the City Council with conditions. Paragraph six said the business shall not include "repairs of motor vehicles." This condition seems to be overridden by the Z.B.A. decision of October 6, 1980, which allows automotive repair with conditions that the applicant abide by the law relative to making storage tanks at the site inoperable. Because the Z.B.A. is the controlling authority on zoning, it would appear that the repair of automobiles is now legal. The condition set by the Z.B.A. to remove the tanks, is based on your letter of October 60 1980, of which I quote in part,......... "the City Council would have the authority to revoke the gasoline permit." The permit was not revoked, or the tanks removed. I would interpret this to mean that if Mr. Duffy, the present owner, wishes to apply for a gasoline storage permit, and it is granted by the City Council, the gasoline service would then be legal. At that time, with all required permits, a Certificate of Occupancy could be issued for gas sales and automotive repair. I would request that I might discuss this with you as soon as possible. Sincerely, ecil I. Clark BUILDING INSPECTOR ljp FEB - 81982 CITY OF NORTHAMPTON } r MASSACHUSETTS City Hall �r 210 Main Street J1� Northampton, Massachusetts 01060 .c -� Legal Department 586-6950 Maureen Ryan-Wise, Esq. City Solicitor Harry Jekanowski,Jr., Esq. Assistant City Solicitor To: Cecil Clark, Building Inspector From: Harry Jekanowski, Jr. , Assistant City Solicitor Re: Automotive Repair and Gasoline Service, 200 Bridge Street, Northampton Page 25C - Plot 157: Zoned URB Date: February 5, 1982 In reference to your attached letter of February 1, 1982, this office has the following comments: 1. After reviewing various information relating to this property, I am in agreement with your assessment that the structure is a pre-existing, nonconform- ing use protected by M.G.L. Ch. 40 § 61, and that the decision of the Zoning Board of Appeals on October 6, 1980, makes the repairing of automotive vehicles legal. 2. It is within the province and authority of the City Council for the City of Northampton, pursuant to M.G.L. Ch. 148 § 13 and section 11-1 et seq. , as the local licensing authorities for gasoline storage permits, to decide whether, in fact, the sale and storage of gasoline and other petroleum products will be permitted at the site in question. Therefore, if the present owner is granted a gasoline storage permit by the City Council, the gasoline service would than be legal. HJ:mlm Enclosure Y s e CITY OF NORTHAMPTON MASSACHUSETTS (7 City Hall 210 Main Street i Northampton, Massachusetts 01060 Legal Department 586-6950 Maureen Ryan Wise, Esq. City Solicitor Harry Jekanowski, Jr., Esq. Assistant City Solicitor To: Cecil Clark, Building Inspector From: Harry Jekanowski, Jr. , Assistant City Solicitor Re: Automotive Repair and Gasoline Service, 200 Bridge Street, Northampton Page 25C - Plot 157: Zoned URB Date: February 5, 1982 In reference to your attached letter of February 1, 1982, this office has the following comments: 1. After reviewing various information relating to this property, I am in agreement with your assessment that the structure is a pre-existing, nonconform- ing use protected by M.G.L. Ch. 40 § 61, and that the decision of the Zoning Board of Appeals on October 6, 1980, makes the repairing of automotive vehicles legal. 2. It is within the province and authority of the City Council for the City of Northampton, pursuant to M.G.L. Ch. 148 9 13 and section 11-1 et seq. , as the local licensing authorities for gasoline storage permits, to decide whether, in fact, the sale and storage of gasoline and other petroleum products will be permitted at the site in question. Therefore, if the present owner is granted a gasoline storage permit by the City Council, the gasoline service would than be legal. HJ:mlm Enclosure oy Cep JJ T. ClAtk ty A'S."istant Solicitor Pago 25. i o 15 7 ur c a rtfe' ence to t1lo 0'.,ove Aivbw,�'t the lfollowitg oiAniors for youT apps ovAll rz and With covditon3. vaZagraka RI-x le v-41,44UPISS -%'JVIJ not incluvie r�p a I-rs o f :nV3 w+',°° vrh'.1 I „E is u'ee-s -.fl be by the Z.B.A. derlxtoyt of October 6, ISQPA), umirti allows atte �f)tiv* teT- iv with etotlf!ltiovs Lh'r" hb":'le W 0o lm'v rel-31vt t*�; raking story't e, t,*ok s at ti-o s I t, I "e cortrollinx k t ht"v I C,f .Spy 7n ?,tit k%4r tklii'- t re-AIT of alim3ob- ilms 11 glow I q?'e The coadition jet by 04 your Umttotr of i)ctoNer viiOi "Oe C-i ty i3oum-11 wrguld Use mitheyti perrrklt." T'he ptrmit ims tiot or 0,.e 1 wOUIT41 Interpret tMs to v;"= OD.vt :T"If vv6 owner,, wisbet to 1"PIV for f- ivvi b- the City Council,, test Xasolftt service would tbim te legtl, At that ti:!e# vide III reqUircl pev:llta, si Cevtl-fiCaU-, of Cccuponcy could bit issued for $03 Oales au(71 Autamotive repair. I would revuest the 1. 1 - 0-7 t t' �trj 8 .f t1i yo 'RI; 504-v: aft posv'`J4e' Sincerely, Cecil 1, Clark MOILDISO INSPLUU1 13P -2- Council when they approved an increase in gasoline storage on the property. It is clear to Massachusetts General Laws, Chapter 148, section 13 that the local licensing authorites for gasoline permits for filling stations, here, the City Council, in passing upon applications for permits, "may take into account other considerations affecting the public wlefare" Kidder v. City Council of Brockton, 329 Mass 288, 290, 107 NE2d 744 (1952) ; E.A.D. Realty Corporation v. Board of Selectmen 1978 Mass App. Adv. sh. 12, 371 NE2d 446 (1978) . However, the condition placed on the use of the station runs only to the extent that the petitioner continues to sell gasoline. If the petitioner wants to continue selling gasoline, he cannot use the service station for auto repair and maintenance. This office does not view the request for a variance to use the property for repair and maintenance as one which threatens the authority of the stip- ulations placed on by the City Council. However, if the Zoning Board of Ap- peals feels the circumstances warrant the petitioner to be granted a variance, the City Council would have the authority to revoke the gasoline permit(s) for the station were he to conduct such business as he proposes. a° °y s i¢ 4 O J CITY OF NORTHAMPTON MASSACHUSETTS 1� City Hall 210 Main Street I►6�' �i �� �� ��,� Northampton, Massachusetts 01060 Legal Department 586-6950 Maureen Ryan-Wise, Esq. City Solicitor Harry Jekanowski, Jr., Esq. Assistant City Solicitor . To: Thomas Brushway, Member, Zoning Board of Appeals From: Harry Jekanowski, Jr. , Assistant City Solicitor Re: Petition of Daniel Gerrior, d/b/a Poohjack Motors, 200 Bridge Street Date: October 6, 1980 You have asked this office whether the Zoning Board of Appeals has the power to override stipulations placed upon a service station by the City Council when they met to consider the application of a previous owner for increased gasoline storage. In reviewing the information contained in the file regarding this mat- ter, the City Council in approving the increase in gasoline storage upon the petition of the previous owner, stated one of the conditions for approval would be as follows: 6. that the business be limited to the sale of gasoline, oil and related petroleum products (such as antifreeze, auto- matic transmission fluid, car wax and similar items) and that said business shall not include any repair, mainte- nance and/or towing of any motor vehicle. (emphasis supplied) The petition of Daniel Gerrior for a variance, presently before the Zoning Board of Appeals, is requesting that a variance be granted "because the building and fixtures thereto at said premises are suited to usage only as an automotive repair shoo', a use not permitted in a UR-B zone. The request for a variance is, in short, substantially a request to use the business contrary to the previous condition placed on it by the City s COPY { APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: Name of Applicant: Daniel Gerrior, d/b/a Poohjack Motors 200 Bridge Street, Northampton, Massachusetts Owner of Property: Exxon Corporation (Mortgagee in Possession) Applicant is : Lessee Location of Property: 200 Bridge Street, being situated on the westerly side of Bridge Street and shown on the Assessor's Maps , Sheet No. 25-C, Parcel 157 Zone: UR-B Application is made for: Deletion, modification and clarification of certain conditions imposed by the Zoning Board of Appeals in a special permit granted to the applicant herein by decision of the Board dated November 17, 1980, said conditions to be deleted, modified or clarified as follows : 1 . Making Gasoline Storage Tanks Inoperable: A deletion of this condition in its entirety is requested as the condition is beyond the scope G.L. Chapter 40A and beyond the authority of the Board of Appeals to impose. 2. Four-Car Parking Condition: A modification of this condition is requested as it involves substantial hardship to the applicant in his automotive re- pair work; also a clarification of such a condition is re- quested as to the types of motor vehicles of concern to the Board. 3. Area for Parking Cars : A clarification of this condition is requested as it is vague in geographical terms . 4. Extinguishment of Major Outside Lighting: A deletion, modification or clarification of this condition is requested as outside lighting is absolutely necessary at said business for security and safety reasons . I hereby certify that information contained herein is true to the best of my knowledge. Date: / / ?S/ Applicant's Signature: t Mari A TW411, Atubar 23, P.C. low 7567 houslen, loz� % Ccutlemen; ijto :-Eoc-r -n to it": property lonatod it 200 Srld"p Street, City On �av M.;-., Lot 157, iccertly closed by thp vacating of Kojack Motors; please A advised of the RIlovlr;4 S mast 1, U-Ic-ty of drams, doLcorken vqtor a& car wer, and mis- nellaneaus rubbish is stozed in the parking "rens; plemSe repmve' 7, too LOS or Wned in orev2nt TnAalisv. 3, via gas ten%s aDd vws shavid ne scale!, a"! W North., 7,pton Fire Deptruent nctifW of surb. 4. All glass nreas of the building must he boarded up to prevent damvgz. Children have been observed PlAyJT19 On the prGperty, fspncihily at the "so pumos. Findly acknowledge this letter, and prncW 1 WWAY �Ith co-nItance of the Moe four (4) Kv"s. WE& A MA H, ASS75TAur ITTVINC INSPVTOR P _ h' I i �. .. j I i i Cecil 1. Clark jwA a 1.0 1981 Daniel Gerrior D/S/A Foojack Motor* 200 Bridge Street Northampton$ mt. 01060 De4r Mr. Cervioro On receipt of an *pinion Prow We p ty tic tour on Jun* q 1981 which stat*s In part that 11 must enforce the cowitions of the Special Pamit Uvautod October 159 19W,, plo"o note the lolioviugt i, 2,'rhat the appLicout abide by the law retative to iiiaking tine StOt4gft C&Uk* ;At thQ site iAQP1*T^tW1*" its condition to controlled by the Stats, fivilding C4de "d Are °;odes for public safety# spacificallyl Mass, Building Ca s Section 402.0 Aud Section 327 QU hale 10.12 �Z). This conditlon cannot remain as now exists. it is hasovdous,$ and the six =mth tiiaellatt has wv expir*d. jou4 more cikca four �4) cars shail bas parka-4 ou the propeM At any one time." 4wi't or v you Lo utd ,-A%1do by t.hesc c4udiLious inaw-6-taWly. Cecil 1, Clark NUILDING INSPECTOR CICAP cc$ fire is City S01,14'eitor /j Cecil L 'Clark J=e lot 1991 Daniel Gerrior D/11A Pm -i#cr hot4ve 200 bridg; str*et Parthamptcal Ka. 01000 D*4x Mr. Gerriors On receipt of &-.i apisliar trow U14 Solicitor or, JuU# which states in Part that aust enforce th# "naiti*" of the Special pamit sTautao Lpctoher 150 196(;# ple"O note t Aw 1, "Thot the appiiesut abide try t:i-k Law rtiative to wa%itw, the storage zsnk-. at thv site in,;wcT&414" I IL This coutitim 'is cov;tTVl1&,' b)� the State bui' diug Code ma:: hire Codes for public safety, sp4cifICS14-yj building CcAel "-OCUOL 1�1 40k.0 Aud Sectior; 52, CHA nul* 10.1; This c0ne� tLOv- "mOt yemait as now exists. It is has,avdews. And the six %OntL tier: Tiftit has now expired. wGrIn tAi&.0 jouj thz prvpert3 at or? on# time*" 1 &kit&t Oiu yj., LC ;;v,:tAit- Cecil. I. Clark NUILDIK INSPECIV17. CIMP eel fire CRlff City SK-0 11 to'! �� .��M�F r et E _ � _�. .. C Cecil Y. Clark Tot Maureen Ryan, City Solicitur From: Cecil 1. Clark# Building Inspector Subject: Lawrence R. Tatro • Poojack Motors Dates June 8, 1981 L*cision of roard November n8, 1980 Opinion of inspector January 14, 1961 Letter of Coriplaint March 70 1981 Answer to Mr. Tatro March 17, 1981 Letter to City Solicitor from Board of Appeals March 239 1981 Opinion of City Solicitor Jure 5, 1981 In conformance with your letter received June 5, dated May 21* 1981; paragraph 2# please note the following: I have contacted Mr. Tatro on or about May 22, 1981 in reference to paragraph 2 of my letter dated January 14, 1981. He informed me that he will supply this information in writingp and I will file a complaint upon receipt of same immediately. To date I have received no such complaint or information. r E JUN 5 ;981 CITY OF NORTHAMPTON MASSACHUSETTS r City Hall 210 Main Street I Northampton, Massachusetts 01060 Legal Department 586-6950 Maureen Ryan-Wise, Esq. City Solicitor . E Harry Jekanowski, Jr., Esq. Assistant City Solici To: Robe , t us e o ing Board of Appeals From: Mau een ya ise, City Solicitor Re: Poohjac ors Date: May 21, 1981 Please be advised that after reviewing your letter, I have the following comments: 1. Massachusetts General Laws, Chapter 4; A, section 14(2) gives the Zoning Board of Appeals the power to "hear and decide applications for special permits," and further to "make orders or decisions, REVERSE or affirm in whole or in part or modify any order or decision." Therefore, I do think it is within your power to reverse your decision if there is non-compliance with the terms of the special permit. 2. Furthermore, if there is a violation of the special permit, the building in- spector who is charged with enforcing the zoning ordinances, can issue a notice of violation and order to cease and desist. If the alleged violations do not cease and if this office is requested to do so in writing, we can file an action in the appropriate court to prevent any unlawful action. (See section 10.7 and 10.8 of the Northampton Zoning Ordinances. ) As I have indicated in my letter of January 29, 1981 to you, the complaints of alleged violations have been numerous and they have increased since. Furthermore, it has been brought to my attention that Daniel Gerrior d/b/a Poohjack Motors filed on May 19, 1981 a request for "deletion, modification" of conditions imposed by the Zoning Board of Appeals. As a solution to this problem, I suggest that after proper notice a hearing is held as soon as possible regarding the alleged violations and Mr. Gerrior's request dated May 19, 1981. If you have any further questions, please advise. MRW:mlm cc: Mayor Councillor Leonard Budgar Building Inspector STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(seE 1. If you want this receipt postmarked,stick the gummed stub on the left portion of the addre the article,leaving the receipt attached,and present the article at a post office service wine hand it to your rural carrier.(no extra charge) 2. If yc.;do not want this receipt postmarked,stick the gummed stub on the left portion of the side c`the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified-mail number and your name and address on receipt cad,Form 3811,and attach it to the front of the article by means of the gummed er permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REOU adjacent to the number. �x, k 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee' endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.li receipt is requested,check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. (;11�), :;,v o-zap. r +xxs a CITY OF NORTHAMPTON MASSACHUSETTS City Hall rf 210 Main Street Northampton, Massachusetts 01060 Legal Department 586-6950 Maureen Ryan-Wise, Esq. City Solicitor Harry Jekanowski, Jr., Esq. Assistant City Solicitor To: Cecil Clark, Building Inspector 1 From: Maureen Ryan-Wise, City SolicitorN`l Re: Poohjack Motors Date: June 2, 1981 Please find enclosed a copy of my memo to Robert Buscher, Chairman, Zoning Board of Appeals regarding Poohjack Motors. Please note my second comment which states that it is your responsibility as Building Inspector to enforce the Zoning Ordinance by issuing a notice of the alleged violations and an order to cease and desist to Poohjack Motors. Due to the number of complaints of alleged violations at the premises and the Zon- ing Board of Appeal' s desire to rectify the situation, I will need the notice and order to cease and desist as soon as possible so that this matter can be resolved. Thank you for your cooperation. MRW:mlm Enclosure �°��prOti a 4 TOi N uretu Ryan, City ioliettor FROMg Vaard of kppeals Sly&MCT s FOO.",fif-P, Motors - 200 bridge St. Tax Mat, nkcr -1 t 157 DATE; March 230 1981 At our >,rmetlng on March 18, 19810 the zonitS Boule of �pptvlv e1scursft tbf Permit granted to Daniel 3arrior D/B/A Vto-lt�rk �i Tb I otors it has T�esttictiov of allowing not more th9v fnnr 14� rtbitite to bf p&rkfe or the property at any one time. This Is OV automotive VOP81T bU8in**8O and the rue; idiri TnS�,ettor ft-el& t, I te t he does not have the time or manpower to enfcrtt tttfs re-friction at all times. The board requests as interpretatLva of >ectlov 14t Masc. Law 40A# which reads as followst gection 14. A board of appeals shall have the following (157YO hear and decide appeals in accordance with section eight, (2) 'to bear eased decide applications for special permits upon which the board is empowered to act under said OrSin&nca or by- Isms. C To hear sand decide Petition$ for variances as set forth in section -ten" 41" (4) To hear and decide appeals :from decisions of th zoning admin- istrator, it ary, in accordance with section thirteen and this section. In exercising the Powers &TsttAd by this section, a board of appeals Mayr to conformity with tho provisions of this chaptort, make orders or decisions* reverse or affirm it wbole or in part, or modify Any order or decision,, and to that ene, shall have all the powars of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. In this situation or others that could be similarl could the board reverve -- ' w or withd•r-T,J '-%r- W er to Mr. La - please note glj47�� ronce Tatro from the Builditg lzapector. Vhst would -1.0 suggest as the proper legal procedure or solution in these casea? Thank you for your 4saistance. PEWK-OWIAC ZURN 1J P cue. 1. Clark March V, Dear hr. T&tr. In referewcet to your' letter of March 7, 1481, plaase be advised of tilt folloviagt Massachusetts Genere b l.aw s t Chapter 400, Section T, states, and 1 quoteet "Then inspector of buileizis, building ceeermiss- ionegx or local inspo_c tear, or if there are noose, in a town, the board o4 selectmt, or person or boare dosiguated by local er- dixutx%c# or by-law;, shall bet cbart,ed with the enafcxcmm*nt of the souiug ordiwoc.a or by-lask and st.a11 withald a hermit foe tree construction, alteratiou or moving, of any buildie:g or structure if the building or structure " constructed, x1teereee or moved Would ba in violstior of any seat'':n& ordivante or by-laws; and cu: permit or lieeeeas4 shall be grouted fee: a V14M hoer of a bUildIUR, structure Or laetef Which user Would be to Violation of amy soafa& N ordinance or by-law........ ..• This ne tireeeee.t by the hoard of Appeep4as is not part of the Worthaesptor Zoniniz, 0rtC.ZRDCI- Or �p•ls�s, , 1 w'.)t x+ $t �±�!_ r aaxc. to yout an? in wrritiug to the Z.A.A. This is a reequireemeat by the IJ.A. that is impossible to enforce at all times by the City. I feel that if peojaeck lcotors camet abide by this eieci- siera, then it is the right of the board to eamcel their pmrsdt. 1 have received so t4womication from the board on my request for a reviou of this matter. v*ry truly yours, Ceeeil 1, Claris WrLDIW IPSI WMR ece Legal Dept. March 1?�� _Al L,4vrtuce R. Tat-ro 188 Bridge Street t-'orthamptont Mg. 01060 Dear Hr, Tatri.; In refermce, *;.o your letter of March 70 1981* please be advised of the following$ magsachusetts General Laws, Chapter 40Aj Section It states# and I quotas "The inspector of buildings# building comiss- joney or local inspector, or if there are nonats in a town, the board of **Jectment or person or board designated by local or- distance, or by-laws sh*11 be charged wttJi the enforcement of the zoning ordinance or by-low and ihall withhold a permit for the construction, &Iteration Or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any x0ftiug Ovdiumcc OT 4-1*v; and permit or license shall be grartad for a new use of a buildiag► structure or land which use would be In vioi*ttoa of say zoning ordinance or This requirement by the toard of pper-As ts not Part Of the Voxthmptor Toning or&VAO'cl or 7 --JjJ T""*-'st vi�_-t saj(, to you, aegis,,; in writing to the This Is a requirement by the Z.t.A. that is impossible tt; 01fores at all times by the city. I feel that if Poojack Motors cannot abids by this 4*ci- siove, then it is the right of tae board to cancel their permit. I have received no tommunic&tion from the board on my Truqueat for a review Of this matter. Very truly yourst Cecil 1, Clark BUILDU*C IFSPEaOR cc i Z'D.A. Legal Dept. MW Mr. Lawrence h. Tatro AMW'S 188 Bridge Street Northampton, Ma. 01060 f � Mr. Cecil Clark Building Inspector City Hall Northampton, Ma. 01060 _ -_., � vi 1 1 L�, 188 Bridge Street Northampton, Ma. 01060 March 7, 1981 l Mr. Cecil Clark Building Inspector City Hall Re: Poohjack Motors Northampton, Ma. 01.060 Dear Mr. Clark, This letter is to inform you that in accordance with Massachusetts General Law, Chapter 48, Section 7, I will expect you to enforce the conditions as set forth in the special permit approved by the zoning board for the above business. You have been previously notified by me on several occasions that more than four automobiles were visible on the above site. I will expect your immediate action or a letter of explanation from you within 14 days of this letter. Sincerely, Lawrence R. Tatro Crity of Nara auvptan Z � Z $ f �Gtxssacflaeetts f DEPARTMENT OF BUILDING INSPECTIONS i INSPECTOR 212 Main Street; ' Municipal Building Northampton, Mass, 01060 January 14, 1981 To All Concerned: Decision of Board of Appeals October 15, 1980 Daniel Gerrior D/B/A Poojack Motors 200 Bridge Street, Northampton Page 25C - Lot 157 Zone URB + I quote from the above decision. ... "This special permit is, however, granted subject to the following conditions." 2. "No more than four cars shall be parked on the property at any one time." This decision is to grant the use of automotive repairs. This restriction would require a constant survey of the premises. This office is responsible for the enforcement of all zoning regulations. There is no way that we would have the time or manpower to enforce restrictions that the Board of Appeals feels necessary for the day to day operation of any business. I therefore recommend the following steps: 1. If the owner cannot conform to the restrictions, he may appeal to a higher court. 2. If parties of interest are not satisfied with the daily operation, then they should file a complaint in writing with substantial evidence, to this office. 3. That the Board of Appeals revoke the permit immediately. 4. That if the Board feels that in the future any permit must require constant vigilance and supervision by the City, the permit should r.)t be granted. If I can be of any assistance to anyone on a solution to this problem, please do not hesitate to ask. S#�erely � ^ ciI I. Clark INSPECTOR OF BUILDINGS CIC/lp cc: Board of Appeals Poojack Motors City Solicitor C�4,„"64 11v)t Budgar L. Tatro o� - $•'� .e Crzty of Naxt4alliptall $ - � �lsssarht►srtts � - _ � DEPARTMENT OF BUILDDIG INSPECTIONS 212 Main Strut ' Municipal Building .� _ _ >•" INSPECTOR Northampton, Mass. 01060 January 14, 1981 To All Concerned: Decision of Board of Appeals October 15, 1980 Daniel Gerrior D/B/A Poojack Motors 200 Bridge Street, Northampton Page 25C - Lot 157 Zone URB I quote from the above decision.... "This special permit is, however, granted subject to the following conditions." 2. "No more than four cars shall be parked on the property at any one time." This decision is to grant the use of automotive repairs. This restriction would require a constant survey of the premises. This office is responsible for the enforcement of all zoning regulations. There is no way that we would have the time or manpower to enforce restrictions that the Board of Appeals feels necessary for the day to day operation of any business. I therefore recommend the following steps: 1. If the owner cannot conform to the restrictions, he may appeal to a higher court. 2. If parties of interest are not satisfied with the daily operation, then they should file a complaint in writing with substantial evidence, to this office. 3. That the Board of Appeals revoke the permit immediately. 4. That if the Board feels that in the future any permit must require constant vigilance and supervision by the City, the permit should not be granted. If I can be of any assistance to anyone on a solution to this problem, please do not hesitate to ask. incerely,l i cil -C-lark INSPECTOR OF BUILDINGS CIC/lp cc: Board of Appeals Poojack Motors City Solicitor Councillor Budgar L. Tet" A A DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street ' Municipal Bnilding .� = >•� INSPECTOR Northampton, Mass. 01060 January 14, 1981 To All Concerned: Decision of Board of Appeals October 15, 1980 Daniel Gerrior D/B/A Poojack Motors 200 Bridge Street, Northampton Page 25C - Lot 157 Zone URB 0 I quote fram the above decision. ... "This special permit is, however, granted subject to the following conditions." 2. "No more than four cars shall be parked on the property at any one time." This decision is to grant the use of automotive repairs. This restriction would require a constant survey of the premises. This office is responsible for the enforcement of all zoning regulations. There is no way that we would have the time or manpower to enforce restrictions that the Board of Appeals feels necessary for the day to day operation of any business. I therefore recommend the following steps: 1. If the owner cannot conform to the restrictions, he may appeal to a higher court. 2. If parties of interest are not satisfied with the daily operation, then they should file a complaint in writing with substantial evidence, to this office. 3. That the Board of Appeals revoke the permit immediately. 4. That if the Board feels that in the future any permit must require constant vigilance and supervision by the City, the permit should not be granted. If I can be of any assistance to anyone on a solution to this problem, please do not hesitate to ask. -'-Sincerely _Cecil I. Clark INSPECTOR OF BUILDINGS CIC/lp cc: Board of Appeals Poojack Motors City Solicitor Councillor Budgar �,. Ta taut r .. ..r � . !' . "n3: ,s `a?'� r� � :E. a , ..., .. ,, v� _ �,.. .» . , . ,. ,-. -.. .,. - - � .,,x-°., ,_ �y. . � - � �, ._., f�c, . � e - e.. � � .. � .. y Y: ,. , m„ r � e i C ,a ! e J: ., „ ��k .. s �,2"- - � 3l «. .....?...f.«.'.' � January 14, 1981 To All Concerneda Decision of Board of Appeals October 15, 1980 Daniel Gerrior D/B/A Poojack Motors 200 Bridge Street, Northampton Page 25C • Lot 157 Zone URB I quote from the above decision.... "This special permit is, however, granted subject to the following conditions." 2. "No more than four cars shall be parked on the property at any one time." This decision is to grant the use of automotive repairs. This restriction would require a constant survey of the premises. This office is responsible for the enforcement of all zoning regulations. There is no way that we would have the time or manpower to enforce restrictions that the Board of Appeals feels necessary for the day to day operation of any business. I therefore recommend the following steps 1. If the owner cannot conform to the restrictions, he may appeal to A higher court. 2. If parties of interest are not satisfied with the daily operation, then they should file a complaint in writing with substantial evidence, to this office. 3. That the Board of Appeals revoke the permit immediately. 4. That if the Board feels that in the future any permit must require constant vigilance and supervision by the City, the permit should not be granted. If I can be of any assistance to anyone on a solution to this problem, please do not hesitate to ask. Sincerely, Cecil I. Clark INSPECTOR OF BUILDINGS CIC/lp ccs Board of Appeals Poojack Motors City Solicitor Councillor Budgar L. Tatro .'��t,�f2' '. r r �. t Y } .� �. .. ... � r4 .. Cecil I. Clerk Toe Board of Appeals From Cecil I. Clark, Building Inspector Subjects Poojack Mators 200 Bridge Street Bates January 2U, 1981 In reference to the above property= I would request a hearing with the board at the next meeting. Thank you in advance for your cooperation. B L I. BUILDOG INSPBCTM CIC/lp